Guest guest Posted May 19, 2007 Report Share Posted May 19, 2007 Hi Mark, I have filed for a trademark also. It's now in the publication stage and as soon as that is through and there are no complications, then it looks like I'll be awarded the trademark. When we applied for the trademark and completed the application, we not only used the name of the company but also the logo design. There are other companies also with similar names but what sets us apart a little more is the logo also. If you want to email me privately I will give you more details. We're pretty close to being done with this process and it's at the publication stage now. Can't wait until it's finally finished! Sue D. Mark wrote: I'm curious is anyone out there has any opinion on this. I'm registering my trademark name. Turns out that there is a company who sells soaps and lotions with a name that is similar (they have another letter at the beginning of the name ie. my company name is Andy, their name is Mandy). I was wondering how much of a problem this might be? I know there are a ton of names with the word " skin " or " Ceuticals " or " care " or " derma " and other words that are not only similar but exact and they seem to get away with it. The problem might be that this is an unusual name. Imagine, my company name as entrci, and theirs as Centrici. But it is a completely different name. However, it's only really unusual to english speaking people. TIA Mark Post message: Cosmeticinfo Subscribe: http://groups.yahoo.com/group/Cosmeticinfo Unsubscribe: Cosmeticinfo-unsubscribe List owner: Cosmeticinfo-owner URL to this page: http://groups.yahoo.com/group/Cosmeticinfo Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2007 Report Share Posted May 20, 2007 Sue, Why do you want to take this conversation private? This is a legitimate topic for the list and I am sure that there are many people that would like to know the process that you went through. Pat. > I'm curious is anyone out there has any opinion on this. > I'm registering my trademark name. Turns out that there is a company > who sells soaps and lotions with a name that is similar (they have > another letter at the beginning of the name ie. my company name is > Andy, their name is Mandy). > > I was wondering how much of a problem this might be? I know there are > a ton of names with the word " skin " or " Ceuticals " or " care " or > " derma " and other words that are not only similar but exact and they > seem to get away with it. > > The problem might be that this is an unusual name. Imagine, my company > name as entrci, and theirs as Centrici. But it is a completely > different name. However, it's only really unusual to english speaking > people. > > TIA > > Mark > > > > Post message: Cosmeticinfo > Subscribe: http://groups.yahoo.com/group/Cosmeticinfo > Unsubscribe: Cosmeticinfo-unsubscribe > List owner: Cosmeticinfo-owner > URL to this page: http://groups.yahoo.com/group/Cosmeticinfo > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2007 Report Share Posted May 20, 2007 Hi Mark - we have an interest in trademarks as well, but after contacting an attorney decided our money (or lack thereof) could be better utilized elsewhere. May I be so bold as to ask - did you use a trademark attorney and if so, how much is it costing you? Is there a way to do it without paying exorbitant hourly attorney fees? The attorney we discussed this with also gave me some good (free) information about trademarks in general - such as if you've been using the particular name longer than someone else and can prove that - then you have the right to use that name and they don't. There is one of our products in particular that I think should be trademarked as I've seen it being used by another company (bigger than ours with bigger pockets) but we used our name before they did. Is it worth pursuing? I don't know. Thanks. Ann Ann C. Wooledge, RN, CCAP Wingsets Aromatherapy www.wingsets.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2007 Report Share Posted May 20, 2007 Thanks Sue – I tried to email you but the mail got sent back as undeliverable. Thanks everyone for their responses. To Ann – I have not contacted a trademark attorney yet. I'm doing it through LegalZoom.com. I will eventually probably have to contact one, but right now they have been helpful and it only costs a little more than the filing fee which is $395.00. They are pretty helpful but don't offer any legal advice. The reason I went this route to get started is because if you become successful, everyone will try to sue you to get a piece of you. The process costs about $500 bucks and though I could use it elsewhere, it's a step I have to take regardless in this never ending educational process. And sometimes that costs money. Thank God for lists like this that are free. Kinda takes the sting out of throwing away 40 batches of bad eye cream tests Here's a little more info. All names are hypothetical. There are 2 companies in the goods and services classification (003) who have the exact same name. One is in the wholesale food industry; the other is in Business management. I'm not worried too much about these as my products don't conflict at all and my logo is completely different. There is also a company in the restaurant/hotel industry with the same exact name, however no trademark has been issued as far as I can see. The company I am concerned with is the one who sells skin products. The name of my company is " Entrici " and their company is " Dentrici " . They are specialty company in that they market their products with a specific ingredient. For example, " Apple butter " . Everything in their line is " such and such with apple butter, or baby wipes with apple butter " . So much so that their corporate name is " Dentrici apple butter soaps Inc. " My products do not contain " apple butter " and never will. My target clientele is completely different from theirs. I'm not sure that matters though. The name of my company is in some parts of the world, very recognized where as their company with the extra letter, is not. For example my name is Ishtar, a famous goddess, and there name is Kishtar, which means nothing but I think is someone's last name. I guess my first questions after reading all the responses would be: 1. Should I worry about the two companies (or 3) with the exact same name but are in completely different industries if my logo looks entirely different? 2. a -When a trademark goes into the publication phase, does the USTPO send out information to TM holders with similar names, or is a notice published and it's up to the company to seek out the information and contest it? (primarily in response to and her hush rule which is probably a good one ) b- if the trademark goes un contested, does a company have the right later to sue if they feel there is an infringement? I've had people who know about copywrites (but not trademarks) say that I'm fine and have nothing to worry about. But got me thinking that if I tried to register a trademark for skin products named " D'oreal " regardless of how different my logo looked, it would be rejected or contested. Thanks Mark Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2007 Report Share Posted May 20, 2007 Ann wrote: >There is one of our products in particular that I think should be >trademarked as I've seen it being used by another company (bigger >than ours with bigger pockets) but we used our name before they did. >Is it worth pursuing? I don't know. Ann, does that company have the exact same name as yours? You say you used the name before they did. In your case if the name of the company is the same, and you make the exact same product I would guess no, it's not worth fighting if the company you're against has deep pockets unless your pockets are at least semi deep . I know it sounds like a defeatist attitude but sometimes it's all about taking care of business first so it doesn't come back to bite you. This is one of the reasons I'm doing this tm thing right now. who knows? I could end up changing my name 3 more times before I get it right, but when I do, it will be all good. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2007 Report Share Posted May 20, 2007 Thanks - great info. I'm in the process of changing my category list (which is very VERY long) so as to not contain similar products. Example, I'll will not include anything " oil " as oils are edible and may conflict. The company I am concerned with conflict sells body lotions and soaps. I don't have either products, but I have that listed so I'm going to take that out. Even if my name is rejected, it's good as you say to have the safety net of a tm. The last thing I want to do is invest in labeling and packaging on a large scale only to have to recall everything and start over. I'll let you all know how it's progressing....... Mark > > > Thanks Sue – I tried to email you but the mail got sent back as > > undeliverable. Thanks everyone for their responses. > > > > To Ann – I have not contacted a trademark attorney yet. I'm doing it > > through LegalZoom.com. I will eventually probably have to contact one, > > but right now they have been helpful and it only costs a little more > > than the filing fee which is $395.00. They are pretty helpful but > > don't offer any legal advice. The reason I went this route to get > > started is because if you become successful, everyone will try to sue > > you to get a piece of you. The process costs about $500 bucks and > > though I could use it elsewhere, it's a step I have to take regardless > > in this never ending educational process. And sometimes that costs > > money. Thank God for lists like this that are free. Kinda takes the > > sting out of throwing away 40 batches of bad eye cream tests > > > > Here's a little more info. All names are hypothetical. > > > > There are 2 companies in the goods and services classification (003) > > who have the exact same name. > > > > One is in the wholesale food industry; the other is in Business > > management. I'm not worried too much about these as my products don't > > conflict at all and my logo is completely different. There is also a > > company in the restaurant/hotel industry with the same exact name, > > however no trademark has been issued as far as I can see. > > > > The company I am concerned with is the one who sells skin products. > > The name of my company is " Entrici " and their company is " Dentrici " . > > They are specialty company in that they market their products with a > > specific ingredient. For example, " Apple butter " . Everything in their > > line is " such and such with apple butter, or baby wipes with apple > > butter " . So much so that their corporate name is " Dentrici apple > > butter soaps Inc. " > > My products do not contain " apple butter " and never will. My target > > clientele is completely different from theirs. I'm not sure that > > matters though. > > > > The name of my company is in some parts of the world, very recognized > > where as their company with the extra letter, is not. For example my > > name is Ishtar, a famous goddess, and there name is Kishtar, which > > means nothing but I think is someone's last name. > > > > I guess my first questions after reading all the responses would be: > > > > 1. Should I worry about the two companies (or 3) with the exact same > > name but are in completely different industries if my logo looks > > entirely different? > > > > 2. a -When a trademark goes into the publication phase, does the USTPO > > send out information to TM holders with similar names, or is a notice > > published and it's up to the company to seek out the information and > > contest it? (primarily in response to and her hush rule which is > > probably a good one ) > > > > b- if the trademark goes un contested, does a company have the right > > later to sue if they feel there is an infringement? > > > > I've had people who know about copywrites (but not trademarks) say > > that I'm fine and have nothing to worry about. But got me thinking > > that if I tried to register a trademark for skin products named > > " D'oreal " regardless of how different my logo looked, it would be > > rejected or contested. > > > > Thanks > > > > Mark > > > > > > > > > > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 21, 2007 Report Share Posted May 21, 2007 > >> > >> Hi Mark, > >> > >> I have filed for a trademark also. It's now in the publication > > stage and as soon as that is through and there are no complications, > > then it looks like I'll be awarded the trademark. When we applied > > for the trademark and completed the application, we not only used the > > name of the company but also the logo design. There are other > > companies also with similar names but what sets us apart a little > > more is the logo also. If you want to email me privately I will > > give you more details. We're pretty close to being done with this > > process and it's at the publication stage now. Can't wait until it's > > finally finished! > >> > Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 21, 2007 Report Share Posted May 21, 2007 > I can understand the pins and needles thing, but I would think that > it is better to get a challenge now than to end up with an expensive > court battle later. That was one of my questions below too, and I don't think there is an easy answer. I have little doubt securing a trademark as early as possible will help a case, but there couldda been someone in Africa selling skin products with my name on it since 1925 yet they don't have a trademark on the name. I guess it depends on a combination of; how big the company is, how long it's been in commerce, and if there is a trademark filed, how much lawyer fees you can afford and public outcry (as in the case below where Hard Rock Cafe didn't want to make a negative impression in the news had they shut it down - most likely) It should be more cut and dry than that. If the trademark offices issue the trademark, everyone in the process has gone through the process. Once you get the trademark there shouldn't be anyone who can contest or sue because they had their chance during the process. Which is why huge cosmetic companies employ a lot of people to do nothing but check global trademark publications I guess. It's the pesky one's who nickel and dime you to death. Mark Quote Link to comment Share on other sites More sharing options...
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